232.104 PERMANENCY HEARING.
1. a. The time for the initial permanency hearing for a child
subject to out-of-home placement shall be the earlier of the
following:
(1) For a temporary removal order entered under section 232.78,
232.95, or 232.96, for a child who was removed without a court order
under section 232.79, or for an order entered under section 232.102,
for which the court has not waived reasonable efforts requirements,
the permanency hearing shall be held within twelve months of the date
the child was removed from the home.
(2) For an order entered under section 232.102, for which the
court has waived reasonable efforts requirements under section
232.102, subsection 12, the permanency hearing shall be held within
thirty days of the date the requirements were waived.
b. The permanency hearing may be held concurrently with a
hearing under section 232.103 to review, modify, substitute, vacate,
or terminate a dispositional order.
c. Reasonable notice of a permanency hearing shall be
provided to the parties. A permanency hearing shall be conducted in
substantial conformance with the provisions of section 232.99.
During the hearing, the court shall consider the child's need for a
secure and permanent placement in light of any permanency plan or
evidence submitted to the court and the reasonable efforts made
concerning the child. Upon completion of the hearing, the court
shall enter written findings and make a determination identifying a
primary permanency goal for the child. If a permanency plan is in
effect at the time of the hearing, the court shall also make a
determination as to whether reasonable progress is being made in
achieving the permanency goal and complying with the other provisions
of that permanency plan.
2. After a permanency hearing the court shall do one of the
following:
a. Enter an order pursuant to section 232.102 to return the
child to the child's home.
b. Enter an order pursuant to section 232.102 to continue
placement of the child for an additional six months at which time the
court shall hold a hearing to consider modification of its permanency
order. An order entered under this paragraph shall enumerate the
specific factors, conditions, or expected behavioral changes which
comprise the basis for the determination that the need for removal of
the child from the child's home will no longer exist at the end of
the additional six-month period.
c. Direct the county attorney or the attorney for the child
to institute proceedings to terminate the parent-child relationship.
d. Enter an order, pursuant to findings required by
subsection 3, to do one of the following:
(1) Transfer guardianship and custody of the child to a suitable
person.
(2) Transfer sole custody of the child from one parent to another
parent.
(3) Transfer custody of the child to a suitable person for the
purpose of long-term care.
(4) If the department has documented to the court's satisfaction
a compelling reason for determining that an order under the other
subparagraphs of this paragraph would not be in the child's best
interest, order another planned permanent living arrangement for the
child.
3. Prior to entering a permanency order pursuant to subsection 2,
paragraph "d", convincing evidence must exist showing that all of
the following apply:
a. A termination of the parent-child relationship would not
be in the best interest of the child.
b. Services were offered to the child's family to correct the
situation which led to the child's removal from the home.
c. The child cannot be returned to the child's home.
4. Any permanency order may provide restrictions upon the contact
between the child and the child's parent or parents, consistent with
the best interest of the child.
5. With respect to a dispositional order providing for transfer
of custody of a child and siblings to the department or other agency
for placement for which the court has suspended or terminated sibling
visitation or interaction, when a review is made under this section
the court shall consider whether the visitation or interaction can be
safely resumed and may modify the suspension or termination as
appropriate.
6. Subsequent to the entry of a permanency order pursuant to this
section, the child shall not be returned to the care, custody, or
control of the child's parent or parents, over a formal objection
filed by the child's attorney or guardian ad litem, unless the court
finds by a preponderance of the evidence, that returning the child to
such custody would be in the best interest of the child.
7. Following an initial permanency hearing and the entry of a
permanency order which places a child in the custody or guardianship
of another person or agency, the court shall retain jurisdiction and
annually review the order to ascertain whether the best interest of
the child is being served. When the order places the child in the
custody of the department for the purpose of long-term foster care
placement in a facility, the review shall be in a hearing that shall
not be waived or continued beyond twelve months after the initial
permanency hearing or the last permanency review hearing. Any
modification shall be accomplished through a hearing procedure
following reasonable notice. During the hearing, all relevant and
material evidence shall be admitted and procedural due process shall
be provided to all parties.

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